Adjudication costs under the Housing Grants, Construction and Regeneration Act 1996: the attractions of Singapore's Building and Construction Industry Security of Payment Act 2004.
Ezeani, Elimma C.
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TODD, N. and EZEANI, E.C. 2016. Adjudication costs under the Housing Grants, Construction and Regeneration Act 1996: the attractions of Singapore's Building and Construction Industry Security of Payment Act 2004. Juridical review [online], 2016(4), pages 315-336. Available from: http://westlaw.co.uk.
Escalating costs in UK statutory adjudications under the Housing Grants, Construction & Regeneration Act (HGCRA)1996 have restricted the use of the procedure by some of the very parties whose interests the legislation was set up to protect. This paper analyses those provisions including under the amendments in the Local Democracy Economic Development and Construction Act (LDEDCA) 2009 which may be contributing towards this problem. It provides a comparative overview of the equivalent Singaporean legislation in order to determine which provisions from the latter could be adopted to improve the situation in the UK. The paper concludes that to reduce costs in the statutory adjudication process under the UK HGCRA, incorporating a maximum cap on adjudicator’s fees and providing for an adjudication review procedure both of which are found in Singapore’s Security of Payment Act 2004 may assist to keep adjudication costs and expenses in the UK building and construction industry reasonable.